§ 63-02 — Application Procedure and Documentation

§ 63-02 Application Procedure and Documentation.

(a) No Application shall be filed with respect to any Rental Project or Homeownership Project that failed to file the Applicant Registration Form and did not pay, in accordance with subdivision 16 of the Act, either (1) for Eligible Multiple Dwellings with a Commencement Date before April 20, 2024, a penalty of twenty-five percent of the non-refundable filing fee imposed by the Act, or (2) for Eligible Multiple Dwellings with a Commencement Date on or after April 20, 2024, a penalty of fifty percent of the non-refundable filing fee imposed by the Act. (b) No Application shall be filed with respect to any Rental Project before the Completion Date of such Rental Project. (c) Notwithstanding the provisions of subdivision b of this section, where a Rental Project is composed of two or more Eligible Multiple Dwellings on the same zoning lot that are part of a single Application, such Application shall be filed no later than one year after the last Completion Date of such Eligible Multiple Dwellings, provided, however, that: (1) an Application may be filed for the first Eligible Multiple Dwelling in such Rental Project that meets all of the eligibility requirements for ANNY Program Benefits after the Completion Date of such Eligible Multiple Dwelling and such Application may be amended after the Completion Date of each additional Eligible Multiple Dwelling in such Rental Project; (2) the Notice of Intent filed with the Application shall include the Affordable Housing Units in such first Eligible Multiple Dwelling as well as any Affordable Housing Units in each additional Eligible Multiple Dwelling in such Rental Project with a Completion Date that will be less than three years after the Completion Date of the first Eligible Multiple Dwelling, and any Eligible Multiple Dwellings in such Rental Project with a Completion Date that will be three years or more after the Completion Date of such first Eligible Multiple Dwelling shall be required to file separate Notices of Intent and provide proof thereof at the time such Application is amended; and (3) no ANNY Program Benefits shall be granted to any Eligible Multiple Dwelling that is part of such Application unless all of the Eligible Multiple Dwellings in such Application that were previously granted such benefits remain in full compliance with all of the eligibility requirements for such benefits. (d) No Application shall be filed with respect to any Homeownership Project before the first assessment following the Completion Date. (e) (1) The Agency may authorize changes to any information provided in the Workbook: (i) after the Agency has provided an initial approval thereof until the Notice of Intent has been accepted by the Agency; and (ii) after the Notice of Intent has been accepted by the Agency only if such information conflicts with the requirements of a regulatory agreement with a federal, state or local governmental agency or instrumentality, provided, however, that with respect to both subparagraphs (i) and (ii) of this paragraph, the Agency shall not authorize any changes to the Utility Allowance and Multifamily Tax Subsidy Project Income Limits for the New York, New York HUD FMR Area after the first Workbook is submitted. (2) Notwithstanding paragraph (1) of this subdivision, where, in accordance with paragraph (1) of subdivision (c) of this section, an Application has been filed for a Rental Project composed of two or more Eligible Multiple Dwellings on the same zoning lot after the Completion Date of the first such Eligible Multiple Dwelling that meets all of the eligibility requirements of the ANNY Program and before the Completion Date of all additional Eligible Multiple Dwellings in such Rental Project, the Agency may authorize changes to the Utility Allowance and Multifamily Tax Subsidy Project Income Limits for the New York, New York HUD FMR Area after the Workbook is submitted solely with respect to any Eligible Multiple Dwelling in such Rental Project whose Completion Date is three or more years after the Completion Date of the first Eligible Multiple Dwelling for which the Application was filed for such Rental Project in accordance with paragraph (1) of subdivision (c) of this section, and provided further, in accordance with paragraph (2) of subdivision (c) of this section, that such changes shall only be authorized until a Notice of Intent has been filed for any such Eligible Multiple Dwelling in such Rental Project whose Completion Date is three or more years after the Completion Date of the Eligible Multiple Dwelling for which such Application was first filed. (3) Notwithstanding paragraph (1) of this subdivision and the definition of “Permitted Rent” in 28 RCNY § 63-01, where an Eligible Multiple Dwelling is receiving tax exempt bond proceeds or tax credits, the Agency may authorize the following changes to the information in the Workbook concerning the Affordable Housing Units in such Eligible Multiple Dwelling after the Agency has provided an initial approval thereof: (i) with respect to the Actual Rents listed in such Workbook, the Agency may authorize changes to the Utility Allowance and Multifamily Tax Subsidy Project Income Limits for the New York, New York HUD FMR Area until the marketing advertisement for such Affordable Housing Units has been published through Housing Connect, provided that the tax credit monitoring agency for such Eligible Multiple Dwelling has approved such changes; and (ii) with respect to the Legal Rents listed in such Workbook, the Agency may authorize changes to the Utility Allowance and Multifamily Tax Subsidy Project Income Limits for the New York, New York HUD FMR Area until Permanent Conversion, provided that such changes do not alter the Actual Rents for such Affordable Housing Units published in the marketing advertisement through Housing Connect. (f) (1) The Application must be submitted with the non-refundable filing fee established by the Act, provided, however that the Agency may waive such filing fee for any Application for a Rental Project in which all of the dwelling units are Affordable Housing Units constructed with the substantial assistance of grants, loans or subsidies provided by a federal, state or local agency or instrumentality pursuant to a program for the development of affordable housing. Any superintendent unit required by the Housing Maintenance Code or Multiple Dwelling Law to be in the Eligible Multiple Dwelling containing such Affordable Housing Units shall not disqualify such Rental Project from the filing fee waiver the Agency may provide pursuant to this subdivision. (2) Notwithstanding anything to the contrary contained in paragraph (1) of this subdivision, a Modest Rental Project, Large Rental Project or Very Large Rental Project shall submit twenty-five percent of the applicable non-refundable filing fee with its initial Workbook submission. (g) Each Application shall include: (1) Evidence satisfactory to the Agency that a restrictive declaration in a form satisfactory to the Agency: (i) has been executed by the fee owner and any ground lessee of the Eligible Multiple Dwelling; (ii) has been recorded against the real property containing the Eligible Multiple Dwelling; (iii) with respect to a Rental Project, (A) identifies each Restricted Unit in each Eligible Multiple Dwelling; (B) identifies each Affordable Housing Unit in each Eligible Multiple Dwelling, including with respect to each such Affordable Housing Unit the number of bedrooms and the applicable prescribed percentage of Area Median Income; (C) provides that the rents to be charged to the tenants of each such Affordable Housing Unit shall be established pursuant to this chapter; (D) provides that the Affordable Housing Units in each such Eligible Multiple Dwelling shall during the Restriction Period be rented to eligible tenants at or below the Permitted Rent; and (E) provides that each Restricted Unit in each such Eligible Multiple Dwelling shall be subject to Rent Stabilization for the Restriction Period; (iv) with respect to a Homeownership Project, provides the Building Size Requirement, the Post-Completion Square Foot Assessment Cap Requirement and the Primary Residence Requirement; and (v) provides that each Eligible Multiple Dwelling must comply with all of the requirements for ANNY Program Benefits during the Restriction Period. (2) Evidence satisfactory to the Agency that the Workbook was filed: (i) for Modest Rental Projects containing no more than ten residential dwelling units, no earlier than six months before the Completion Date and no later than two months after the later of (A) the Completion Date; or (B) the effective date of this rule; (ii) for Modest Rental Projects containing more than ten residential dwelling units and less than one hundred residential dwelling units, no earlier than nine months before the Completion Date and no later than two months after the later of (A) the Completion Date; or (B) the effective date of this rule; or (iii) for Large Rental Projects and Very Large Rental Projects, no earlier than twelve months before the Completion Date and no later than two months after the later of (A) the Completion Date; or (B) the effective date of this rule; and (3) Evidence satisfactory to the Agency that the Notice of Intent to begin marketing the Affordable Housing Units was filed with the Agency or, with respect to any Application filed in accordance with subdivision (c) of this section, one or more Notices of Intent were filed in accordance with paragraph (2) of subdivision (c) with such Application and any amendment thereto. (4) Proof that the Agency determined that: (i) an Eligible Site will meet the unit mix requirements for Affordable Housing Units established pursuant to paragraph (b) of subdivision eight of the Act, or, in accordance with such paragraph, is exempt from such unit mix requirements; and (ii) an Eligible Multiple Dwelling will meet the distribution requirements for rental dwelling units established pursuant to paragraph (a) of subdivision eight of the Act and 28 RCNY § 63-03. (5) An executed Monitoring Contract for a Modest Rental Project, Large Rental Project and Very Large Rental Project. (6) An affidavit from a registered architect or professional engineer licensed to practice and in good standing with the New York State Department of Education that, among other things, calculates the Aggregate Floor Area of each Eligible Multiple Dwelling in the Eligible Site and the Aggregate Floor Area of all Ineligible Space in each Eligible Multiple Dwelling in the Eligible Site. (7) With respect to a Homeownership Project, the Offering Plan and the executed Purchase Contracts for no less than fifty percent (50%) of the units in such Homeownership Project; provided, however, that no Application for a Homeownership Project shall be approved until executed Purchase Contracts for every unit in such Homeownership Project have been submitted to the Agency. (8) An affidavit that such Rental Project or Homeownership Project either: (i) met the Participation Goal; or (ii) made Reasonable Efforts to meet the Participation Goal. (Added City Record 12/16/2024, eff. 1/15/2025; amended City Record 4/8/2025, eff. 4/8/2025; amended City Record 8/14/2026, eff. 9/13/2026)